Patterson v. Engineering Evaluation Inspections, Inc.

913 S.W.2d 344, 1995 Mo. App. LEXIS 1921, 1995 WL 686603
CourtMissouri Court of Appeals
DecidedNovember 21, 1995
DocketNo. 67789
StatusPublished
Cited by4 cases

This text of 913 S.W.2d 344 (Patterson v. Engineering Evaluation Inspections, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patterson v. Engineering Evaluation Inspections, Inc., 913 S.W.2d 344, 1995 Mo. App. LEXIS 1921, 1995 WL 686603 (Mo. Ct. App. 1995).

Opinion

PUDLOWSKI, Judge.

This is an appeal from the Labor and Industrial Relations Commission’s (LIRC) award of workers’ compensation benefits to Jeff Patterson, respondent herein. Engineering Evaluation Inspections, Inc., henceforth appellant, contests the LIRC’s award on the grounds that respondent was not its employee, that respondent did not satisfy the statutory notice requirement that is a precondition to recovery of medical expenses, and that the evidence was insufficient to support the LIRC’s award of temporary total disability benefits. We affirm the LIRC’s award.

In reviewing an award of workers’ compensation benefits, this court defers to the fact-finding of the LIRC. Cole v. Town & Country Exteriors, 837 S.W.2d 580, 583 (Mo.App.E.D.1992). Accordingly, we will accept the factual findings expounded in the LIRC’s Final Award; we will also credit the evidence in the record which otherwise supports the LIRC’s ruling. Under Missouri’s workers’ compensation regime, both the LIRC and this court resolve any doubts in favor of the employee, and this court will affirm an award as long as it is supported by substantial competent evidence. Fischer v. Archdiocese of St. Louis, 793 S.W.2d 195, 198 (Mo.App.E.D.1990).

Thomas Sagehorn is president of appellant, and he is also president of Engineered Constructions, Inc. (ECI), a company that is no longer in business but which shared office space with appellant during the period relevant to this case. In August, 1988, Sagehorn approached one Steve Barnett about working on a remodeling project for a Mr. and Mrs. Hyland; Sagehorn also told Barnett another worker was needed, and Barnett contacted respondent. Respondent testified, and the LIRC accepted, that Barnett told respondent they would be working for appellant on the project.

There was evidence that both of Sage-horn’s businesses were involved in the Hy-land project: a check issued by the Hylands and payable to ECI was introduced at the hearing, but there was also evidence that Mrs. Hyland had one of appellant’s business cards in her possession around the time of [346]*346respondent’s injury. Sagehorn was frequent ly present at the Hyland residence, overseeing the re-modeling project. • He required respondent to furnish basic employment data (name, address, social security number), and personally issued orders to respondent on the correct way to sand and paint, as well as on the attire that respondent was to wear while working. Sagehorn issued respondent the tools which he used on the re-modeling project, and dispatched respondent to pick up supplies from two hardware stores.

Respondent was injured on November 9, 1988, when he and John Choma, who also worked for appellant, were attempting to load a refrigerator onto a moving truck. Respondent informed Choma of his injury at that time, and asked that this information be communicated to Sagehorn. The next day respondent informed Barnett of his injury and asked Barnett for Sagehorn’s phone number, though Barnett did not give it to him. Respondent finally obtained Sage-horn’s business phone number and address from the appellant’s business card, which Mrs. Hyland provided. Although respondent was denied an audience with Sagehorn despite repeatedly calling appellant’s place of business, as well as showing up there in person, he did inform appellant’s secretary of his injury and his need for medical attention. Respondent was treated for pain in his lower back and legs and did not work for at least eight weeks.

Respondent sought redress under the workers’ compensation statute before the LIRC, and was awarded, inter aha, total temporary disability benefits for eight weeks in the amount of $213.13 per week, and $1,571.00 for his medical bills.

Employer-Employee Relation

Appellant’s first argument before this court is that respondent was either an independent contractor or an employee of Barnett but, in any event, was not employed by Sagehorn or either of his companies. Missouri courts have developed a multi-factored approach for determining whether a worker is correctly classified as an employee for workers’ compensation purposes, as distinguished from an independent contractor; the same analysis is useful in determining which of several entities actually employed the worker. See Dawson v. Home Interiors & Gifts, 890 S.W.2d 747, 748 (Mo.App.W.D.1995). We will mention those factors that apply to the present case, but essentially our inquiry is two-fold: whether the worker was performing services for the alleged employer, and whether those services were controllable by the alleged employer. Hill v. 24th Judicial Circuit, 765 S.W.2d 329, 331 (Mo.App.E.D.1989).

We note at the outset that there is virtually no evidence in the record to support the proposition that respondent was an independent contractor. This is so because he literally did nothing independently: the amount he was paid, the hours he worked, the tasks he performed and the manner in which he performed them, and indeed the clothes he wore to work were all dictated by others. Respondent was, therefore, an employee rather than an independent contractor, and the question becomes, who was his employer?

Appellant places great emphasis on the fact that respondent was paid by Barnett. Payment of wages is one of the factors relevant to the existence of an employment relation, but it is not in itself determinative. Hill at 331. Our inquiry is whether there is substantial competent evidence to support the LIRC’s finding that appellant was the employer.

We have little difficulty concluding that Sagehorn controlled the details of respondent’s labor at the Hyland project and that the services rendered by respondent were at the behest of Sagehorn. Besides telling respondent how to sand and paint and what to wear, Sagehorn furnished the tools that respondent used, ordered respondent to take delivery of certain materials for use on the project and, in fact, instructed respondent to assist in the loading of the refrigerator, the very task leading to his injury. Under the inquiry set forth in Dawson, these facts support a finding that Sagehorn was respondent’s employer. Appellant points out, however, that Sagehorn may have done these things in his capacity as president of ECI rather than as president of appellant.

[347]*347The cornerstone of appellant’s argument is the contention that ECI was in the construction and re-modeling business, while appellant only does engineering and inspection work. The suggested significance of this difference is that Sagehom’s actions in this case had to have been performed in his role as president of ECI, which is, therefore, reasoned to be respondent’s employer. However, the only evidence which supports this bright-line distinction between the two businesses is the testimony of Sagehom himself, which the LIRC was free to disbelieve.

Mrs. Hyland’s possession of appellant’s business card permits the inference that appellant was a contractor on the Hyland remodeling project.

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Bluebook (online)
913 S.W.2d 344, 1995 Mo. App. LEXIS 1921, 1995 WL 686603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-engineering-evaluation-inspections-inc-moctapp-1995.